What This Bill Does
This bill changes rules for ethanol fuel additives under the Clean Air Act. It allows certain ethanol fuels to be sold with higher Reid Vapor Pressure levels, which is a measurement of how easily fuel evaporates.
Who It Affects
The EPA Administrator (the head of the Environmental Protection Agency). Fuel and fuel additive manufacturers. Gas retailers and consumers who buy fuel.
Key Provisions
• A fuel or fuel additive can be sold if the EPA says it is substantially similar to fuel used to test vehicles, or if it already has a waiver and meets all conditions except the Reid Vapor Pressure limit (Sec. 2(a)(3)(C)(i))
• A fuel or fuel additive can be sold if it meets all other Reid Vapor Pressure requirements under federal fuel standards (Sec. 2(a)(3)(C)(ii))
• The EPA must accept notifications about fuel additives that were submitted before January 1, 2022, or after this bill becomes law (Sec. 2(b)(3)(A))
• The bill allows fuel with 10 percent or more ethanol to meet the higher Reid Vapor Pressure standard (Sec. 2(b)(2) and 2(b)(3)(B))
What Changes
The Clean Air Act's rules about how much Reid Vapor Pressure ethanol fuel can have will be modified to allow higher levels in certain cases. The law will capitalize "Vapor Pressure" as a formal term throughout the statute.
Important Definitions
Reid Vapor Pressure: A measurement of how easily a fuel evaporates, which affects air quality.
I
118TH CONGRESS
1ST SESSION H. R. 1608
To amend the Clean Air Act with respect to the ethanol waiver for Reid
Vapor Pressure under that Act, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 14, 2023
Mr. SMITH of Nebraska (for himself, Ms. CRAIG, Mr. JOHNSON of South Da-
kota, Mrs. MILLER-MEEKS, Ms. KAPTUR, Mr. KILDEE, Mr. GRAVES of
Missouri, Mr. FLOOD, Mr. BACON, Mr. LATURNER, Mr. BOST, Mr.
LUETKEMEYER, Mr. FEENSTRA, Mr. CARSON, Mrs. FISCHBACH, Mrs.
HINSON, Mr. LAHOOD, and Mr. NUNN of Iowa) introduced the following
bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend the Clean Air Act with respect to the ethanol
waiver for Reid Vapor Pressure under that Act, and
for other purposes.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Consumer and Fuel
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Retailer Choice Act of 2023’’.
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SEC. 2. ETHANOL WAIVER.
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(a) EXISTING WAIVERS.—Section 211(f)(4) of the
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Clean Air Act (42 U.S.C. 7545(f)(4)) is amended—
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•HR 1608 IH
(1) by striking ‘‘(4) The Administrator, upon’’
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and inserting the following:
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‘‘(4) WAIVERS.—
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‘‘(A) IN
GENERAL.—The Administrator,
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on’’;
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(2) in subparagraph (A) (as so designated)—
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(A) in the first sentence—
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(i) by striking ‘‘of this subsection’’
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each place it appears; and
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(ii) by striking ‘‘if he determines’’ and
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inserting ‘‘if the Administrator deter-
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mines’’; and
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(B) in the second sentence—
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(i) by striking ‘‘such an application’’
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and inserting ‘‘an application described in
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subparagraph (A)’’; and
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(ii) by striking ‘‘The Administrator’’
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and inserting the following:
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‘‘(B)
FINAL
ACTION.—The
Adminis-
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trator’’; and
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(3) by adding at the end the following:
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‘‘(C) REID VAPOR PRESSURE.—A fuel or
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fuel additive may be introduced into commerce
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if—
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•HR 1608 IH
‘‘(i)(I) the Administrator determines
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that the fuel or fuel additive is substan-
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tially similar to a fuel or fuel additive uti-
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lized in the certification of any model year
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vehicle pursuant to paragraph (1)(A); or
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‘‘(II) the fuel or fuel additive has been
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granted a waiver under subparagraph (A)
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and meets all of the conditions of that
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waiver other than any limitation of the
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waiver with respect to the Reid Vapor
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Pressure of the fuel or fuel additive; and
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‘‘(ii) the fuel or fuel additive meets all
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other applicable Reid Vapor Pressure re-
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quirements under subsection (h).’’.
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(b) REID VAPOR PRESSURE LIMITATION.—Section
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211(h) of the Clean Air Act (42 U.S.C. 7545(h)) is
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amended—
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(1) by striking ‘‘vapor pressure’’ each place it
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appears and inserting ‘‘Vapor Pressure’’;
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(2) in paragraph (4), in the matter preceding
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subparagraph (A), by inserting ‘‘or more’’ after ‘‘10
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percent’’; and
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(3) in paragraph (5)(A)—
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(A) by striking ‘‘Upon notification, accom-
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panied by’’ and inserting ‘‘On receipt of a noti-
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•HR 1608 IH
fication that is submitted before January 1,
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2022, or after the date of enactment of the
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Consumer and Fuel Retailer Choice Act of
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2023, and is accompanied by appropriate’’; and
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(B) by inserting ‘‘or more’’ after ‘‘10 per-
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cent’’.
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Æ
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